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Order Of December 29, 2004, Setting Out The Terms Of Staff Consultations To Determine Trade Union Organizations Called To Be Represented In The Central Joint Technical Committees Of Pub Facilities...

Original Language Title: Arrêté du 29 décembre 2004 fixant les modalités des consultations du personnel organisées afin de déterminer les organisations syndicales appelées à être représentées dans les comités techniques paritaires centraux des établissements pub...

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JORF No. 3 of 5 January 2005 Page 244
Text No. 33


ARRETE
Decree of 29 December 2004 laying down the arrangements for the consultations of the staff organised in order to determine the trade unions' organisations to be represented on the central joint technical committees of the Public institutions in charge of national parks and the Joint Special Joint Technical Committee on public establishments responsible for national parks

NOR: DEVG0430484A ELI: Not available


The Minister of Public Service and State Reform and the Minister of Ecology and Sustainable Development,
In the light of Law No. 83-634 of 13 July 1983, as amended. Civil servants' obligations, together with the amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
Given the amended Decree No. 82-452 of 28 May 1982 on the technical committees Forwarders;
In view of the Order of April 9, 1984 establishing the Central Paritarian Technical Committees in the National Parks;
In the light of the Order of June 28, 1984, the establishment of a Joint Special Joint Technical Committee for all Public institutions in charge of national parks,
Stop:

  • Chapter I: General Provisions Article 1


    Staff consultations are arranged in order to Determine which trade union organisations are to be represented on the Central Joint Technical Committee in each national park and the Joint Special Joint Technical Committee in all the public establishments responsible for the parks National.
    The date of these consultations is March 22, 2005.

  • Chapter II: Electors and Lists of Electors Item 2


    Are electors, with the exception of agents in the position of availability, parental leave, parental leave or end of activity leave:
    -the incumbents or trainees who are members of the service or The group of services to which the Joint Technical Committee is constituted;
    -officials seconded to one of these services;
    -the officials made available to one of those services.
    Are also electors, at The exclusion of agents on parental leave, on parental leave or on leave without pay:
    -non-holders of public law employed in one of these services and benefiting from an open-ended contract or recruited from Temporary title for a minimum of ten months;
    -private law officers employed in one of these services and on an indeterminate or temporary basis for a minimum period of ten months,
    and Are:
    -for the Joint Special Joint Technical Committee for all national park public establishments, in accordance with one of these institutions;
    -for the Central Joint Technical Committee of each national park, Depending on the institution concerned.
    Voter quality is assessed on polling day.

    Item 3


    The list of Voters is arrested:
    -for the Joint Special Joint Technical Committee for all national parks authorities, by the Director of Nature and Landscape;
    -for the Clean Central Joint Technical Committee Each park, by the director of the national park concerned.
    For each of these consultations, the list of electors is displayed in the various national park services at least six weeks before the date of the poll.
    In the eight Days following the posting, electors may verify registrations and, if applicable, submit applications for registration. Within the same period and for three days after its expiry, complaints may be made to the Director concerned against the entries or omissions on the list of electors. The Director concerned shall take a decision within three days on these claims.

  • Chapter III: Candidatures Article 4


    Can make an application, for each of the consultations referred to in Article 1 of this Order, to the trade unions referred to in the fourth paragraph of Article 14 of the aforementioned Law of 11 January 1984.
    If none Of these organisations, or if the number of voters is less than half the number of staff entitled to vote, a second ballot shall be held to which any trade union organisation may participate. The date and conditions for the organisation of this second ballot will be determined, if necessary, by ministerial order.

    Item 5


    Trade unions wishing to participate in the consultations must apply:
    -to the Director of Nature and Landscapes for the Special Joint Technical Committee for the National Parks as a whole ;
    -with the director of each national park for the national park central technical committees.
    Applications forwarded to the Director of Nature and Landscapes or National Park Directors shall specify the Or the staff consultations to which the union presents itself.
    Nomination papers must be submitted or sent, by registered letter with acknowledgement of receipt, no later than Tuesday, 11 January 2005, at 5 p.m. They must mention the name of the agent (s) entitled to represent the trade union organisation in all electoral operations.
    If a second ballot is required, the nomination papers must be filed under the same conditions Date to be fixed by ministerial order.
    The lists of applications established under the conditions set out in this Order shall be posted within three days after the close of nominations.

  • Chapter IV: Voting Offices Article 6


    The following polling stations are established:
    -for the Joint Special Joint Technical Committee All public establishments in charge of national parks: a central polling station placed with the Director of Nature and Landscapes; a special polling station in each national park;
    -for joint technical committees Central to each national park: a central polling station in each national park.

    Article 7


    Composition, Role And the functioning of polling stations are as follows:
    The President of each polling station shall be the director of the service or public institution concerned, with which the polling station shall be established.
    Each President of a polling station Nominates a secretary.
    Each trade union organization authorized to attend the consultation may appoint one representative per polling station.
    The central polling station shall observe the quorum and proceed to the counting of the votes when it There are no special polling stations. In all cases, it proceeds with the proclamation of the results.
    The special polling station, when established, shall conduct the enumeration of the votes and, after authorization of the central polling station, proceed to the counting of the votes.

  • Chapter V: Voting Article 8


    Voting is exclusively by correspondence, secret ballot and in envelope.
    At the time of consultation, each voter shall be invited to indicate the trade union organisation by which he intends to be represented on the Joint Technical Committee concerned.
    Only envelopes and ballots provided by the administration May be used for voting purposes.

    Article 9


    Voting is as follows:
    At least two weeks before On the date of the poll, the voting material shall be sent to the electors by each national park superintendent.
    For each consultation, the elector inserts his or her ballot paper of the Joint Technical Committee concerned in a first envelope (envelope #1) which may not be purchased.
    This envelope, provided by the administration, must not bear any mention or distinctive sign.
    It then places this envelope n ° 1 in a second envelope (so-called envelope 2), which it hides And on which he affixing his signature and clearly bears his name, his first names and his assignment.
    Finally, it puts the envelope (s) n ° 2 into a third postage-paid envelope (envelope 3), which it hides and addresses Individually at the polling station on which it depends.
    The mail order must be sent no later than the day of the vote, before the closing time of the vote, set at 5 p.m.

  • Chapter VI: Counting votes and Results of the vote Article 10


    The counting and counting of votes takes place under the following conditions:
    a) Reception Mail-order votes:
    Immediately after the close of the poll, the President of each polling station shall conduct the enumeration of votes.
    Envelopes # 3 and then envelopes # 2 are opened.
    As the opening is open Envelopes n ° 2, the list of electors of the technical committee concerned shall be entered and the envelope n ° 1 shall be deposited, without being opened, in the corresponding Joint Technical Committee.
    Unopened:
    -les Envelopes n ° 3 after the closing time of the poll;
    -envelopes no. 2 on which the agent's name and signature (or if the name is illegible) are not included;
    -envelopes # 1 marked with a notation or a sign Distinctive.
    The names of the electors from these envelopes are not stamped on the corresponding voters list.
    b) Finding the quorum:
    At the end of the vote, each special polling station counts the number of voters and transmits Without delay this information at the central polling station that determines the number of voters. Counting shall take place if the quorum of 50 % is reached.
    (c) Counting:
    When the counting of the votes is counted, the votes cast in the following conditions are void:
    -the Bulletins which do not conform to the standard model;
    -newsletters containing overloads or ratures;
    -multiple bulletins found in the same envelope No. 1 and originating from different union organizations.
    Are considered as Validly expressed, and count for one vote, multiple ballots found in the same envelope No. 1 and originating from the same trade union organization.
    d) Minutes and proclamation of results:
    The special polling station Accounts for all the votes cast on the trade union organisations in the presence. It shall draw up the minutes of the electoral operations on which the number of electors, the number of voters, the number of valid votes cast, the number of invalid votes and the number of votes obtained by each trade union organization shall be recorded. In presence. The envelopes, apart from being open and the spoiled ballots, are annexed to this report. The minutes signed by the members of the Bureau shall be forwarded to the Central Bureau.
    The central polling station accounts for all the votes cast on the trade union organizations in attendance. It shall determine the electoral quota by dividing the total number of votes validly expressed by the number of staff representatives on the Joint Technical Committee. Each trade union organization having presented itself to the consultation shall be entitled to as many seats as the number of votes cast by the staff as the number of votes cast by it contains the electoral quota. The remaining seats to be filled are allocated according to the highest average rule.
    It is then assigned to each trade union organization a number of alternate representative seats equal to that of the representative seats The holder obtained by that trade union organisation pursuant to the preceding paragraph.
    The central polling station establishes a general report of the consultation and proclaims the results of the consultation.
    For each technical committee Parity, the central polling station shall summarize, where appropriate, the results of the special polling stations and announce the results of the consultation.

    Article 11


    Without prejudice to the provisions of the sixth paragraph of Article 14 of the aforementioned Law of 11 January 1984, challenges to the validity of electoral operations shall be brought within five days of The proclamation of the results, before the Director of Nature and Landscapes, and, where appropriate, before the administrative court.

    Item 12


    Taking into account the results of each consultation, an order from the Minister of Ecology and Sustainable Development determines the trade union organisations to be represented on the relevant Joint Technical Committee, as well as The number of seats to which they are entitled.

  • Chapter VII: Miscellaneous Provisions Article 13


    Director Of the nature and the landscapes and the directors of the public establishments responsible for national parks shall each have responsibility for the execution of this Order, which shall be published in the Official Journal of the French Republic.


Done at Paris, December 29, 2004.


Minister of Ecology

and Sustainable Development,

For the Minister and by delegation:

By preventing the

Director of Nature and Landscape:

The Natural Spaces Subdirector,

C. Barthod

The Minister of the Public Service

and State Reform,

For the Minister and Delegation :

By preventing the Director General

from administration and public service:

The service manager,

Y.
Chevalier


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